County Variance 285 – Fire Rock Subdivision – Lot 7 – A variance from 27-308 requiring a minimum lot area of 1 acre to allow a minimum lot area of 0.5 acres on proposed Lot 7, Block 1, Fire Rock Subdivision in an Agriculture Suburban (A-S) zone generally located at 1008 64^th St West. Presented by Nicole Cromwell, Zoning Coordinator

Planning staff recommends denial and adoption of the findings of the 7 criteria.

OWNER: Levi and Barbara Britton
AGENT: Jim Slehofer, D & J Surveying
LEGAL DESCRIPTION: Proposed Lot 7, Fire Rock Subdivision
ADDRESS: 1008 64th St West
CURRENT ZONING: A-S
EXISTING LAND USE: Vacant - developing subdivision
PROPOSED USE: Subdivision - 28 lots with 1 proposed for common area
SIZE OF PARCEL: 1.78 acres

None.

Subject Property - A zone change was approved from A-1 to A-S on the subject property in 2013. Fire Rock Subdivision received preliminary approval in 2013 and the final plat was filed in December 2016. The Subdivision Improvement Agreement and the easement documents filed with the subdivision intend to ensure the common facilities are located within an easement on Lot 8. The variance application would create a new lot - Lot 7 - for these common facilities with no owner named or intended by the filed subdivision documents.

Surrounding Property - One property has received a zone change from A-1 to A-S (2009). There are several lots in the immediate area that are less than required by the zoning, although none have received a lot area variance. The BOA has granted some lot area variances and denied others. The BOA approved a lot area variance in Lockwood in 2013 for second dwelling unit, a lot area variance to divide a lot on Lenhardt Lane with 2 existing homes, a subdivision lot area variance for Greensleeves Estates (a conservation subdivision) to vary the lot sizes from 1/2 acre up to 1.24 acres, a lot area variance to allow a subdivision road entrance to divide an existing parcel, and a lot area variance to allow a court ordered division of property to proceed. The BOA has not granted lot area variances to allow the creation of a lot to contain common area facilities such as dry hydrants, mail boxes and storm drainage facilities.

NORTH:	Zoning: A-S Land Use: Low density residential
SOUTH:	Zoning: Un-zoned Land Use: Single family residence and horse pasture
EAST:	Zoning: A-1 Land Use: Single family homes
WEST:	Zoning: A-S Land Use: Low density residential

This is a lot area variance request by the developer of a subdivision to create a lot of less than 1 acre to eliminate the need for the easement for the common facilities that serve the entire subdivision. The current Lot 8 in the Fire Rock Subdivision is approximately 1.76 acres in area and the east 1/2-acre of the lot is covered by a public facilities easement. The easement area is for the 30,000 gallon dry hydrant, the storm water drainage pond and the central mail boxes for the residents. The subdivision was approved with conditions and those conditions included the maintenance of the dry hydrant through an RSID-M assessed to the lot owners in perpetuity. The other common facilities, the storm water pond and the central mail boxes, are not covered by this RSID-M and have to be maintained separately by the Homeowners' Association.

The applicant contends the sale of Lot 8 with the public access easement will be difficult since the lot owner would pay taxes on the entire property but only have 1.2 acres of usable lot area. Oakridge Subdivision at 48th St West and Broadwater Avenue had a similar situation for their community water supply well and pump house. The solution in that instance was to re-zone the lot to Public and the property continues to be owned by the developer. The Public zone has no minimum lot area and common private utilities are allowed uses in this zoning district. In addition, the property can be owned by the Homeowners' Association who would ensure the taxes are paid on the separate lot.

There is no hardship with the land or topography that prevents the owner from using the property in conformance with the zoning regulations. The DEQ approval for the subdivision, exempted this portion of Lot 8 from review since it was to be used for these common facilities. The BOA has granted some lot area variances in Yellowstone County but none for this specific reason and purpose. There are lots in the area that are less than required by the zoning district, but none as small as 1/2 acre.

The Planning Division received a negative recommendation from the County Public Works Director Tim Miller. He stated he was concerned that placing all of the common facilities on a lot separate from Lot 8 may jeopardize the County's ability to maintain the dry hydrant in the future. The public facilities easement would need to be amended to specify the new lot, and the applicant would have to specify an owner to assume the responsibilities. If the developer or other private owner fails to pay taxes on the lot, ownership may end up with the County. The County does not want to assume ownership of the property along with the liability for the storm drainage pond and the central mail boxes. All of the lots in the subdivision will own one-half of the private road easement along the property frontage. The ownership of common facilities in a County subdivision is not unusual. The easement document filed for the common facilities on Lot 8 does not mention the storm water drainage pond. The document also does not mention the assignment of liability for maintenance or for accident or injury that may occur in the future.

Planning staff recommends denial and adoption of the findings of the 7 criteria.